(1) The Superintendent may award punishment as described in sub-rule (2):
Provided that no solitary confinement, no dietary change as a painful additive, no other punishment or denial of privileges and amenities, shall be imposed on a prisoner.
(2) When in the opinion of the Superintendent any of the following offences are established against any prisoner, he shall refer the case to the Magistrate exercising jurisdiction for enquiry in accordance with the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974), namely:-
(a) Offences punishable under sections 147,148 and 152 of the Indian Penal Code, 1860, (Central Act No. 45 of 1860), namely:-
(i) Rioting armed with a deadly weapon; or
(ii) Assaulting or obstructing or using criminal force to a public servant, when suppressing riot, or threatening or attempting to do so.
(b) Offences punishable under sections 222, 223 and 224 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860), namely;-
(i) Intentional omission to apprehend on the part of a public servant or intentionally aiding or suffering to escape any person lawfully committed to custody; or भाग 4 (ग) राजस्ााू राज-पत्र दिसम् बर 12 2022 594
(ii) Escape negligently suffered by a public servant; or
(iii) Resistance or obstruction to lawful apprehension or escape or attempt to escape from lawful custody,
(c) Offences punishable under sections 304-A, 309, 325 and 326 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860), namely:-
(i) Causing death by a rash or negligent act; or
(ii) Attempt to commit suicide; or
(iii) Voluntarily causing grievous hurt by dangerous weapons or means.
(d) Any offence triable exclusively by the Court of Sessions.
(3) It shall be in the discretion of the Superintendent to determine, with respect to any other act which constitutes both a prison offence and an offence under the Indian Penal Code, 1860 (Central Act No. 45 of 1860), whether he will use his own powers of punishment or move the magistrate exercising jurisdiction to enquire into it in accordance with the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974) but no prisoner shall be punished twice for the same offences.
Note: A prisoner of necessity removed from a prison office in consequence of judicial conviction for an offence shall not be deemed to have been punished twice.